PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
Lê Hoài Nguyễn examines how the contrast between the territorial nature of intellectual property rights and the global nature of the Internet creates difficulties for states seeking to establish jurisdiction over cross-border intellectual property disputes in cyberspace. The article analyses the complexities of applying traditional principles to the determination of jurisdiction.
It examines the experiences of jurisdictions such as the United States, India and the European Union in adjudicating intellectual property disputes involving foreign elements, and proposes legislative recommendations to enhance the Vietnamese legal framework.
Determining Vietnamese courts’ international jurisdiction over foreign-element intellectual property disputes in cyberspace in light of the territoriality of intellectual property rights and the global nature of the Internet.
The article identifies the difficulty created by the tension between the global nature of the Internet and the territorial nature of intellectual property rights for states seeking to establish jurisdiction over cross-border intellectual property disputes in cyberspace. Its comparative analysis and legislative recommendations provide a basis for enhancing the Vietnamese legal framework concerning the determination of jurisdiction in such disputes.
Tạp chí Khoa học pháp lý Việt Nam · 2026
DOI 10.70236/khplvn.741